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Petition for Special Leave to Appeal No. 61 of 1970, decided on 13th April 1970.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 3rd February 1970, in Criminal Appeal No. 56 of 1969/Murder Reference No. 230 of 1968).
S. M. Anwar, Advocate Supreme Court instructed by Wall Muhammad Khawaja, Advocate‑on‑Record for Petitioner.
Nemo for the State.
Date of hearing : 13th April 1970.
The petitioner has questioned his conviction under section 302, P. P. C. for causing the murder of his elder brother's wife, Mst. Hussain Bibi, for which he was awarded a death sentence by the trial Judge, but which, on appeal and reference, was commuted to life imprisonment by the High Court of West Pakistan.
At the trial, the petitioner confessed that he had killed the deceased, but pleaded grave and sudden provocation by stating that he had killed her because he found her in a compromising position with his younger brother Habib In the committing Court's statement, he had given a different version. He had stated there that his brother Abdul Sattar surprised him in the act of actual adultery with the deceased on which he killed her and that he was able to make good his escape. It is proved from the evidence on record that the petitioner was carrying on with the deceased who later contacted an illicit liaison with his younger brother. It seems that her infidelity had provoked the petitioner which led to this murder. The provocation to the petition resulting from the infidelity of the deceased has influenced the High Court in awarding the lesser penalty to him for this murder A which otherwise was committed in cold blood and merited the extreme penalty.
This petition is dismissed.
Petition dismissed
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